An Open Letter to the Honorable Supreme Court
This letter is a request to the SC to review and recall the decision of cancelling the notices issued by UP Govt to the people who damaged private or public property during CAA riots. Judiciary is a pillar of a nation. Those who break the law must face a consequence. Else what is the incentive for those who abide by the law in good faith? Society will be pushed to a point of anarchy. SC should reconsider its decision.
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This is with reference to reports in media that the Hon SC has asked the UP Government to take back the notices given to people involved in CAA riots where property – private and public was damaged. The Court as per the media reports has given a deadline of 18 Feb 2022 to the UP Government to cancel the notices. Failing which it will do so itself.
If this is indeed true then it is a matter of great concern and raises fundamental questions on justice.
Let’s first refresh our minds on what the CAA – Citizenship Amendment Act 2019 was aiming to achieve. It merely provided a pathway to Indian citizenship for persecuted Hindus, Sikhs Christians from Pakistan, Bangladesh and Afghanistan and who had arrived in India before the end of 2014.
On a near daily basis there are reports of unimaginable atrocities on Hindus, Christians and other minorities in Pakistan, Bangladesh, Afghanistan etc.
The CAA should actually allow for minorities from these countries to seek shelter and citizenship in India without the criteria of the Dec 2014 arrival in India. One hopes that the government will do the needful.
Muslims have 50+ Islamic nations. There are 20+ Christian nations. Jews have 1 Israel, which opens its arms to Jews from around the world. Which country should provide succor to persecuted Hindus, Sikhs?
Why should any Indian from any community have a problem with India allowing persecuted minorities from Pakistan, Bangladesh and Afghanistan to seek shelter in India?
The supposed CAA protests were a mere front for mobs and violence. For months there was road blockage – impacting livelihood, health and well being of law-abiding citizens, children were used to spew hate speeches at the elected leaders, violence in various places, destruction of public and private property, a malicious and concerted attempt in media and social media to malign India and the Central Govt.
However misguided one may be, India as a democracy offers a citizen the right to peaceful protest. Protestors can pick a spot that doesn’t inconvenience others and carry out a protest, they can file cases.
Does right to protest now come with the right to vandalize and destroy – public and private property?
Who will pay for the damaged property?
Public property – even if the government pays for it – the funds are ultimately tax revenue from citizens. We do not pay taxes so that a set of people can damage public property, which needs to be restored with the tax money.
Private property – who will reimburse the losses sustained by citizens when their property is vandalized in the name of a “protest”.
The UP Government has made enormous efforts to improve law & order in a state that was once highly unsafe.
Why is the Court not appreciative of the efforts of the UP Government? Rather the actions of the UP Government need to be held up as a positive example to other states.
Recovering payments for property damage from those who vandalized would –
Set a positive example.
- Deter others from participating in violence and vandalizing in the garb of a protest.
- Reduce the mob culture.
- Create a safer space for law abiding citizens.
- Does the judiciary not share these aspirations for India?
UP is in the midst of elections. Why the deadline of 18th Feb 2022 to cancel the notices? When the government may not be able to respond adequately.Is the Court not aware of the ramifications of this issue on the elections?Why was this not addressed earlier? Why can’t it wait until after the election results?
If the Court had views on the methodology of the state government why not share views/ extend support on that? By way of offering a panel of judges to participate in the process?
A state government is supposed to ensure law & order. And when it takes steps it will be treated in this way?
Did the Hindus, Christians, Jains, Buddhists and Sikhs of India burn property when Rohingyas were being settled in India by the UPA government and specific state governments?
Would the judiciary have the same view if the office buildings of the Supreme Court or residential areas of the Honorable Justices were damaged/destroyed or Officers working in the SC were attacked?
After decades India is finally on track on many issues. Judiciary is a pillar of a nation. Those who break the law must face a consequence. Else what is the incentive for those who abide by the law in good faith? Society will be pushed to a point of anarchy.
Law and order needs a synergy between government (irrespective of political party), police and the judiciary with a shared vision and commitment to enabling a safe and fair environment to citizens, which is essential for life and well-being.
Requesting the Court to please review and recall this decision in the wider interest of the nation and law abiding citizens.
Taking this opportunity to request for the crores of cases pending in courts across the nation please be fast tracked and addressed so that justice is delivered to those who approached the courts with hope.
Jai Hind.
Regards
Indian Citizens
Note : The writers are not residents of UP nor members of any political party.